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HomeMy WebLinkAbout2866Pe.qu~sh Ave., Cutchogue 9/3/8I CA--approval of insuff, area and width ~f ~p~rc~ ia :a- p~6posed subdivision, and for permi's$ to r~locate bldq. w/insuff. ~yard setbacks, with yard determination om p_r0P0se~d 10t ad-_. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2866 by application Dated August 6, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Jon C. Kerbs 510 Main Street Greenport, NY 11944 Appellant at a meeting of the Zoning Board of Appeals on September 3, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. ( ) 1981 III, Sec. 100-31 the appeal 1. l~ke~,-~l~;~IX~N~~~~~X~ption ( ) be graded ( ) be de~ed pursuant to ~tic~ .................... Sect~n .................... Subsection .................... para.apb .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be Public Hearing: 9/3/81: Application of Jon C. ~S~Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Section 100-31 for approval of insufficient area and width of parcels in a proposed subdivision, and for per- mission to relocate building with insufficient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and west by Fleet; south by Fleet Neck Road; east by Jezek; County Tax Map Items No. 1000-137-2-8, 18, 19. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE-SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG:lk FORIV[ ZB4 ZONING BOARD OF APPEALS The Board made the following findings and determination: Appellant has appealed to this Board seeking a variance to the zoning ordinance, Article III, Section 100-31, for: (1) approval of insufficient area, approximately 18,500,18,500, 18,500 and 17,710 square feet and width of approximately 78, 78, 78 and 75 feet, of proposed Lots 1, 2, 3 and 4, respectively; and (2) approval of the location of a house on proposed Lot 4 with a setback of approximately 40 feet from the northeasterly property line, approximately 50 feet from the northwesterly line, and approximately 12 feet from the southwesterly property line. The premises in question is located north of Fleet Neck Road and south of Stillwater Avenue, Cutchogue. Existing on the premises are four buildings, one which appears to be habitable and is said to be occupied for dwelling purposes, two of which have been used for dwelling purposes but are in need of repairs, and one of which is extremely delapidated, will require more than 50% of structural improvements and which appellant proposes to relocate onto proposed Lot 4 as indicated in the previous paragraph hereof and in compliance with current State, ~ounty and Town building regulations. The neighboring properties to the east and west of the subject premises are generally smaller in size and similar in character and shape. The Board recognizes the practical difficulties in that by not allowing the variance the property will be substantially larger than those generally in the neighborhood, and there are existing dwellings on these premises. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the requested in Appeal No. TIONS: application of Jon C. Kerbs be granted as 2866 and SUBJECT TO THE FOLLOWING CONDI- (1) That applicant obtain approval from the Southold Town Planning Board; (2) That Sketch No. 1, received by this Board on 8/24/81, shall be used in determining the yard areas; [frontyard at approximately 40 feet, approximately 50 feet from the north- westerly line, and approximately 12 feet from the southwesterly property line]. Location of Property: Pequash Avenue, Cutchogue, NY; County Tax Map Parcels No. 1000-137-2-8, 18, 19. Vote of the Board: and Grigonis. Mr. Goehringer abstained. Ayes: Messrs. Doyen, Douglass, Sawicki , . . APPROVED - (~hairm%n Board of /~ i CEIVED AND FILED BY T~ SOUTHOLD TOWN C;.~R~( LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 commencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, ~; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000~136-2-4. 7:25 p.m. Application of ~ichard Posselt, 23 Fairmont Street, Huntington, h~ llT~, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp, west by OleJule Lane, ~outh by 01d Jule La~e, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of Demetrios and Joanne Joannide~, 60 Central Drive, Mattituck, ~ for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, yW; buunded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of Harry P. Fasan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient rearyard setback at ~00 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, h~ 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southold, NY; bounded north by WOod Drive, west by Clear View Road, south by Lakeside Drive, east b~ Haskins; County Tax Map Item No. 1000-90-4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese~ 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro~ east by Lake Drive; County Tax Map Item No. 1000-59-1-22. NY 8:05 p.m. Application of Jon C._K~r~s, 510 Main Street, Greenport, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and wost by Fleet, south by Fleet Neck Road, east ~by Jezek; County Tax Map Items No. 1000-137-2-8~ 18. 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Baylex., c/o Flower Hill Build- ing Corp. as agent, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road aud Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further kno~n as Nassau Point Subdivision Map Mo. 156, Lot A). Page 3 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnert¥, 1530 Fleetwood Road, Cutchogue, ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area.and width of two proposed parcels located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Ave., west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Z~ning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl% III, Sec. 100-31; or (b) determining this improvement not to be an addition to the existing structure under the ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue, NY; bounded north by Fleetwood Road, west by Pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subdivision Map No. 539 Sec. I, Lots Mo. 45 and northerly half of 44; County Tax Map Item No. lO00-110-4-1. 9:30 p.m. Application of John Kowalski~ Jr. and ghester Berry, Jr., c/o 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-T1 for permission to rebuild principal building with insufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by North Fork Bank and Barker, west by Protestant-Episcopal Church, south by Sound Avenue, No. 1000-141-4-part of 28. Dated: August 21, 1981. east by Love Lane; County Tax Map Item BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEALS CHARLES GRICONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, August 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, ~ 11971 on or before September 2, 1981. page 4 - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoCrande" Mr. Richard Posselt Mr. and Mrs. Demetrios $oannides Mr. and Mrs. Harry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayley, c/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for Anthony G. Nowachek Messrs. John Kowals~i, Jr. and Chester Berry, Jr. ? Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/~/81: Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE'OF DISAPPROVAL FileNo ................................ Date ............ //9 z/~/ PLEASE TAKE NOTICE that your application dated ~..b'.Z.'(.. ~ ~.., 19 .~./.. for permit to cg.~m~t ............................................................ at Location o£Propcrty ,, .... . .................................... co~ty ta× Map No. ~000 Section ..... ( ~.7 .... ~loo~ ...... .~.. ..... ~t ~, .(~. ~. (t. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on t.he fgllowing grounds../.~'~l.; .^ ..... ~. .... ..~ .... ~.....................4~'~ ~v~t)-~, , ,M", , ):~ ' · ~l't~.',- ~-~t - 4~ .'.~ ;'.c: ->.~.. ~w.'/ .... t;'~'~'~ "'I'''''~ .... '~ .................................... · .Br.~....pr,.:r[.. ~'~/n~'''~ ............... , ......................................... RV 1/80 REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship crected is UNIQUE and is not shared by all alike  perties vicinffy of this property and in this use district because in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD, NO,T CHANGE THE S'FATE O~ NEW YORK COUNTY OF~~) Notary Public ~' JUDITH T TERRY NOTARY PUBLfC, State cf New York No. 52.O34~e~3 Suffolk '~ - TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALDATE ...~...t..~...I..~....tNO~ ,. I,~,,, .... TO T'HE ZONING BOARD OF APPE,~LS, TOWN OF SOUTHOLD, N. ¥. Name of AppeJlant Street and Number \ ............................ HEREBY APPEAL TO Municipality State ZONING .o ................. ....... .............. APPLICATION WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ........ .......... Nome of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( 4q.~RMIT F.OR~CCU~ANCY r r Use District on Zoning Mop 2. PROVISION (S) OF THE'ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section anc~'ara~iro~h oil the Zoning Ordinance b~' number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (has)(h s~ot) een of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance made with respect to this decision and was made in Appeal No ................................. Dated ............................ ~ ......................................... REASON FOR APPEAL A Variance to Section 280A Subsection A Variance to the Zoning Ordinance is requested for the reasonthat / / / 2.4A (c) / / ,~c~.y families who are hoping to.[ receive a Christmas food basket· About $4.000 worth of food has been ordered so far. and officials hope to gather sufficient cash donations to meet this obligation. Public Meetings Thursday, Dec. 10 8 p.m.-Greenport Village Board, Vil- lageHall. Friday, Dec. 11 7:30 p.m.-Shelter Island Town Board, Hall of Justice. Tuesday, Dec. 1s g p.m.-Southold School Board, audi- torium. Wednesday, Dec. lg 10 a.m.--New York State Depart- ment of Environmental Conserva- tion public hearing on the propos- ed Energy Development Corpora- tion solid waste facility, Town Hall. Index Business Directory 14A Classified Advertising 12A Community Calendar 3A Editorial Page 8 Focus on Nature IA In the Garden 5A Jules Bond 4A Legal Notices 15A Let's Look Back 9 12 Lively Arts Obituaries 10 Real Estate-Business 10A Sports of The Times 19 Tides · . ' 18 Village Voices 6A-9A Where toDine· · 12 THE SUFFOLK TIMES (USPS 524-940) is published every Thursday for $14 per year in Suffolk County and $16 per year out of county by Four Twenty Nine Ma in Street Corporation, 429 Main Street, Greenpert, N.Y. 11944. Second-class postage paid at Greenport, N.Y. POSTMASTER: Send address changes to THE SUFFOLK TimES, P.O. Box ~, Greanpert, N.Y. 11944. - ~ ~ HA~PPAU~E_The Su/folk Leg~sl~t~lre i . ~ The meetin, g fo. llowed a public hearing ! ~t.~T by a 12-to-5 vote this week rejected a.i Friday evemng in the same Hauppauge . ~ proposed settlement between the county meetingroomatwhich30peoplespoke-all Mr. and the Long Island Lighting Company on LILCO's Shoreham nuclear power plant project. . In return for concessions by LILCO, the county under the agreement was to drop most of the contentions it planned to raise on Shoreham safety questions at U.S.~, Nuclear Regulatory Commission hearings on granting the Shoreham plant an operating license. The hearings are expected to begin in the spring. "LILCO has pulled all the plugs to try to railroad this through," charged Leon Campe of the Peoples Action Coalition, one of dozens of people speaking against the settlement Tuesday. i against the settlement, attem Friday and all day Tuesday, sharp respe · criticism was focused on the settlement's decla~ provision for testing of only two of the Shore nuclear plant's safety systems, provi~ "A full, independent inspection is vital," plant attorney Irving Like told the legislators "star Tuesday. Mr. Like was speoial counsel to comn Suffolk until he was ousted in the wake of torej, LILCO pressure. He said other "glaring A s : defects" in the settlement was that"it fails vote t . to require LILCO in correct any defects" peopl found at the plant and "fails to give the now, county the right" to approve "any noas evacuation of radiological plan that may be conc necessary in the event of a major accident· heari ~ Th supp Ant~ bly be successful· He added that the Petr relocation question was the dominion of '.End M~ the town building inspector and the grant- ing of variances was the sole domain of the pow~ i settl zoning board, on t~ "There is a continual disagreement on cases like this," said the Town Attorney. '!thcs "Should the applicant g.o first to the ZBA i lega or the planning board?" He said that the insp Ai ZBA's opinion was that the planning board I wi~ should be the first avenue for applications, since they are concerned with the overall ~ all i town picture and may find fault with !thel variances which do not fit into the scheme. D, In other action, a violation of grading legi ' restrictions within 50 feet of the Sound ufI~' bluff was discussed by the board. The a violation at the Baxter Properties four-lot alt~ isubdivision off Bridge Lane, Cutchogue byt had been discovered by board member Bennett Orlowski Jr. during a field inspeo- tion. The board ruled that constructiun.be the El( prohibited until the matter was resolved ' by compliance with the conditions of the ma ; subdivision. Mr. Raynor said that failing mi 'that compliance, "We will have no choice Sh, ' but to revoke the subdivision approval· It's b~. ,about time people learn that we mean op bus~ness when we p ace restr~ctio . Planners Question Variance "S~uTHoLD-Misgivings over a house- ' ' negative move by the board would proba-' moving scheme and questions of jurisdic- tion over a zoning board approval were discussed at the regular meeting of the South01d Planning Board Monday night. Henry Raynor, the board's chairman, said he had invited Town Attorney Robert Tasker to discuss procedural questions surrounding a referral from the zoning board of the proposed subdivision of Jon Kerbs/Lakowitz at Pe~qash Lane, Cut- chogue. Mr. Raynor said the ZBA had approved subject to planning board ap- proval a variance for the creation of four substandard lots. Mr. Raynor added that there were four existing structures on three of the proposed lots, one of which the applicant was seeking to move to the vacant lot.' "I just don't feel it;s a good policy to ', approve something like this," said Mr., Raynor, "though it may be illegal to disapprove it." Board member William Mullens added that he felt one of the structures should be condemned. Mr. Tasker confirmed the board's suspicions that the condition of structures and the granting of variances were outside the planning board's jurisdiction. Mr. Tasker cautioned that any attack on a APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 November 22, 1982 Mr. Victor Lessard, Exec. Adm. Southold Town Building Department Town Hall Southold, NY 11971 Re: Corner Lot Interpretations Dear Vic: This letter will confirm that the board, upon reviewing your October 25, 1982 letter, agrees with the suggested manner of interpreting corner lot frontyard areas as shown on your drawing, provided all other zoning setbacks are complied with. We hope that this letter will be satisfactory for your records. Yours very truly, lk CC: Mr. Jon C. Kerbs,,// Z.B.A. Members~ GERARD P. GOEHRINGER CHAIRMAN £ o-1~ J ( ~1~ O:,~r~n/Zo~bsrs copies ( ) :" ' >":: :<.:~.',1 ~ ( ~lgiz:a! for ZBA file -- TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 Zoning Board of Appeals Town Hall Southold, N.Y. 11971 October 25, 1982 Boar o! P, pp als Gentlemen: I am submitting a proposed drawing of an outside corner lot. In an ever-going effort to eliminate confusion and un- certainty, this office feels that the adoption of this deter- mination wouXd be in the best ~nterest of the community. I spoke, at length, with the Town Attorney and he informs me that rulings on this type of corner lot problem have been made by your Board previously on a case by case basis. He also indi- cated that the Board could, by this, have set a precedent or confliction. Having powers similar to Judicial, you could adopt this drawing and modify the necessary restrictions on any previous cases, if necessary. Please notify my office of all action taken, if any. remain, Sincerely yours, Victor Lessard Executive Administrator VL:e¢ Enclosure _=~,.a- :~or ~.:.A file '( /~=enta er ~ply Requeste~ 510 Main Street Greenport, New York October 25, 1982 Board of Appeals Town of Southold Southold, New York Dear Mr. Goehringer: On Nov. 12, 1981 the ZBA approved the application in Appeal No. 2866 subject to the condition that sketch $1 be used in determining yard area. At that time this was appropriate since house #4 was to be moved to lot #4. Since then the house has been torn down as approved by the Planning Board. We would now like to build within the area that the Building Department considers to be the buildable area on that lot (see attached). We are not asking for any addi- tional variances to the code. Please consider this letter as a request to modify your decision under Appeal $2866 in respect to the buildable area on lot #4 to conform with the Building Department's interpretation. If it is necessary to make a more formal application, please notify me at your earliest possible con- venience so that this matter may be expedited. Very truly yours, enaa Item ~0r /~ ....... · ~, ....... ers copies ~ ;~.~ D,~.t. ~Pl:!L,: '?t or Lis Origin:al for ZBA file ~nts or Reply Requeste~ >. ~0 C ~T~Ob~'~ '~ t'* RECEIVED BY SQgTHOLD TGWH P~i;l~iG - " ' DATE .& , b 'o APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE: ROAD 2=, SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 5, 1981 Mr. Jon C. Kerbs c~7-pq/~- 510 Main Street Greenport, NY 11944 Re: Appeal No. 2866 Dear Sir: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, September 3, 1981 concerning the above appeal: BE IT RESOLVED, that the application of Jon C. Kerbs be granted as requested and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That applicant obtain approval from the Southold Town Planning Board; (2) That Sketch No. 1, received by this Board on 8/24/81, shall be used in determina~2-~ the yard areas; [frontyard at approximately 40', etc.] An official determination will be filed with the Town Clerk in the near future and simultaneously forwarded to you ~or your records. If you have any questions, please do not hesitate to call our office. CG:lk Yours very truly, CHARLES GRIGO~IS, JR. CHAIRMAN August 27 Sept. 2 Sept. 3 Sept. 9 Sept. 14 ZBA follows Step 3 requesting suggestions on possible design or location conflicts under the subdivision regulations from PB. PB requests detailed explanation. ZBA sends PB detailed explanation as requested in order that PB may proceed with Step 4. PB sends ZBA letter without giving any review on possible design or lot line conflicts or location conflicts under the subdivision regulations. PB regular meeting.. Will Jon Kerbs and the Zoldessy's be entertained? ZBA has already made their final decisions, ~ubject to PB. August 12, 1981 and prior thereto, Over the past 18 months/the PB has been cooperating and sending back responses to ZBA requests. (Examples: Margaret McGowan PB meeting 8/12/81 p. 3; Northville Industries PB minutes 8/3/81 p. 5; Roy C. Schoenhaar PB minutes 4/6/81 p. 17; Hope P. Smith PB minutes 3/17/81 p. 9; What has happened? PI~RD TO~!N OF~ SOU~T~H.Q'LD S L;FEQLK~OU~NTY $outhold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Ch;~irman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. September 9, 1981 Mr. Charles Grigonis, Chairmaq Zoning Board of Appeals Southold Town Hall Southold, New York 11971 TELEPHONE 765- 1938 Dear Charlie, Regarding your letter of September 3, enclosed please find copies of the procedure we established in 1980. As we have been operating over this format for the past 18 months, I would like to know if you have any changes or alterations. The question of the Kerbs appeal seems to differ from the procedure we have been following. With respect to the Zoldessy appeal, it is my understanding, 1. that under section 106-13 all subdivision blocks pertaining to set-offs, ~.~ that the lot in question must already fall under the accepted zoning classificatioq. If we were to ~consider your proposal, to sections A-3,6,&8 of that section. this further at any convenient time. feel it would be in variance would be glad to discuss Very truly yours, Henry E. Raynor, Cha~i-rm'an Southold Town Planning Board sel Enc. cc: Board Members/ Town Attorney HENRY E RAYNOR.*Ir.. FREDERICK E GORDON JA;,~ES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Southold, N.Y. 11971 TELEPHONE 765- 1938 PROCEDUFLES FOR SUBDIVISION I~rdLVING THE ZONING BOARD OF APPEALS AND PLANNING BOARD 1. Denial from the Building'Inspector's Office. (Building Inspector to get 12 copies o£ sketch map from applicant. File applications simultaneously.) Planning Board holds. 2. Application to the Zoning Board of Appeals for variances. Zoning Board of Appeals send to Planning Board, if necessary, letter reouest~n~ suggestions ont~over-¥iew of road layout on that property and~eonformitv with sLtrro~ndin~ area as to Rossible design or location conflicts under the subdivision ~re_2~ulations. Planning Board response at next meeting to Zoning Board of Appeals request. 5. Applicant proceeds with Zoning Board o;~ Appeals application. 6. Applicant, if granted, proceeds with Pl~Tning Board application.' 'oday'~ Date: Thursday, September 3, 1981 -Iemb6rs Absent: if an).': none ~ppea! No. 2866 , . ~genda Item/~Iatter of: JON C. KERBS }~e of Variance or Appeal: Are_a. variance/four substandard lots GCharles r,gon,s Robert .. Gerard ose Dougr~ss uoenrmger · ~aw~i ~solution made by: ( ( ) ;eco n ded by: ( ) ( ) ( ) ( ~tion: ( ) Approve as applied for ( ~prove with the following conditions' ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ject to County Planning referral Subject;to Planninc~ Board'approval Subject to D.E.C. reg_qlations ( ) .Other: 7 _ . - _ ndings of the Board are as follows: YARDS SETBACKS OK AS SHOWN ON SKETCH #1. Lots as proposed contain an area o~: approx, zu,uuu sq. fi:. each. Other: Not Within the Cl]aracter of the Neighborhood ( Variance is Substantial in Relation to Code if so~ . %~-' ( Hardship not sufficient ( Hardship or Difficulty Not Unique Will set a precedent in the neighborhood ( Area is already very congested ) Interests of justice, served by denying ( ) ) ( ) ~te of the Board.~ Ayes: (~CG (~SD ('~RD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) .( ) ( ) Granting the Relief Requested is wil~hin spirit of the zoning code Relief is not substnntial Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting ( ) Ga ( ()/ () (~ ( ) () () Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (518) 78§-180g APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWJCKI Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 Re: Our Correspondence dated August 27, 1981 September 3, 1981 Dear Henry: The Board of Appeals recently wrote to you asking for your determination with respect to the appeals of Jon C. Kerbs and William and Ann Zoldessy. You have indicated that you do not understand what is requested of the Planning Board. With respect to the Kerbs Appeal, this is a proposed sub- division of a parcel of land on the north side of Fleet Neck Road into four substandard lots. As has previously been discussed with you, since the Planning Board must approve this subdivision as a minor subdivision and since the Planning Board may require the lot lines to be established in a minor different than that proposed by Mr. Kerbs, the Board of Appeals believes that before it entertains an application for any variance that may be required that the Planning Board first determine how the lot lines are to be established. If the Board of Appeals proceeds first and grants-variances for certain lot lines and then the matter is presented to the Planning Board for minor subdivision approval, the Planning Board may not agree with the configuration presented to the Board of Appeals and upon which it has acted. It would seem the better procedure for Planning Board to first review the matter and determine whether or not they will favor- ably consider the subdivision as laid out. Then if variances are required the matter could then be considered by the Board of Appeals. With respect to the Zoldessy Appeal, this involves the · "_ Pa~e 2 Planning Board division of a parcel at the south side of Bergen Avenue, Mattituck, into two lots. Under the provisions of Section 106-13 of the rules and regulations of the Planning Board as amended on September 23, 1980, the definition of "subdivision" was amended to provide that the set-off of one lot may not be considered to be a subdivision if the matter is presented to the Planning Board and they approve of the set-off. At the time that this new amendment was made, it was the understanding of the Board of Appeals that whenever it received an appeal involving the set-off of one lot that the proce- dures set forth in Section 106-13 were to be followed and accordingly when such appeals are received they are referred to your Board for a determination of whether or not the set-off will be deemed a subdivision or not be deemed a subdivision. For the above reasons, these appeals have been submitted to the Planning Board for consideration. Yours very truly, CG:lk Enclosures CHARLES GRIGONIS, JR. CHAIRMAN HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. Will±am F. Mullen, Jr. Southold, N.Y. 11971 September 2, 1981 TELEPHONE /~ ~- 765- 1938 ]]oard of, ppeals Town of SouIhold TO: Mr. Charles Grigonis Jr., Chairman Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: September 2, 1981 SUBJECT: Determination pursuant to Chapter A106-13 ~on C. Kerbs and William Lakowitzt William and Ann Zoldessy Dear Mr. Grigonis: At a regular meeting of the Southold Town Planning Board on Monday, August 31, 1981 at 7:30 p.m., it was the concensus of the Board to return your request for recommendation re: above, for a more de- tailed explanation. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. R0~3ERT J. DOUGLASS GERARD P, DOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 'llC:JT1 TELEPHONE (516) 765-1809 August 27j 1981 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town ~Qard of Appeals August 27, 1981 " Determinations pursuant to Chapter At06-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Location of Property Jon C. Kerbs and William Lakowit~ William and Ann Zoldessy N/s Fleet Neck Road and S/s Stillwater Ave. Cutchogue. 1000-137-2-8, 18, 19 Four-lot proposed subdivision. (merger) S/s Bergen Avenue, Mattituck. 1000-45-3-part of parcel 2 Two-lot proposed subdivision (merger). Thank you for your anticipated cooperation. Yours very truly, CHARLES G~G~IS ~R~. ~'~__~ CHAIRMAN CG:lk .P.S. These matters are scheduled for public hearing for September 3, 1981, and a reply as soon as possible would be appreciated. Copies of relevant sketches enclosed. § A106-13 SOUTHOLD CODE § A10&I3 not requiring the extension of municipal facilitiesl and not adversely affecting the development of the remainder o! the parcel or adjoining property and not in conffict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exists,~ or these regulation~ OFFICIAL MAP -- The map established by the Toad Board pursuant to Section 270 of the Town Law, showing streets, highways, parks and drainage rights-of-way, existing and proposed. PLANNING BOARD or BOARD -- The Planning Bezgl of the Town of Southold, Suffolk County, New York. PRELIMINARY PLAT -- A drawing prepared in t~ manner prescribed by these regulations, showing layout of a proposed subdivision, including, but restricted to, road and lot layout and approxima~* dimensions, key plan, topography and drainage, l~ proposed facilities unsized, including preliminary plan, and profiles, at suitable scale and in such detail as th~ regulations require. [Amended 5-8-73] PRELIMINARY PLAT APPROVAL -- Approval by th, Planning Board of the layout of the proposed subdivi~ee as set forth in a preliminary plat, but subject to the proval of the plat in final form in accordance with provisions of Subdivision, 7 of Section 276 of the To*~ Law. [Added 5-8-73] SKETCH PLAN -- A rough sketch of the prelimin~.~ layout (or final plat, in the case of minor subdivision.~ '~ enable the subdivider to save time and expense in reschi:z general agreement with the Board as to the form of layout and pursuant to the objectives of these regulatioe~ STREET -- A way for vehicular and pedestrian tr~ffg whether designated as a street, road, avenue, lane or otl~ way, located between right-of-way lines. STREET, LOCAL SERVICE -- A street running par~ to and in the immediate vicinity of a major highway ~ A10606 § A106-13 SUBDIVISION OF LAND § A106-13, ENGINEER or LICENSED PROFESSIONAL ENGINEER -- A person licensed as a professional engineer by the State of New York. FINAL PLAT -- A drawing prepared in a manner prescribed by these regulations, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been So approved. [Amended 5-8-73] FINAL PLAT APPROVAL -- The signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval of the plat, or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Suffolk County Clerk's office. [Added 5-8-73] LOT -- A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. MAJOR SUBDIVISION -- All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five (5) or more lots, or any subdivision requiring the construction of a new street or the extension of municipal facilities. MASTER OR TOWN PLAN -- A plan for the develop- ment of all or portions of the Town of Southold, prepared by the Planning Board pursuant to Section 272-a of the Town Law, which plan indicates the genera] locations recommended for various public works, places and structures and the general physical development of the town, and includes any unit of part of such plan separately adopted and any amendment to such plan or parts therein. MINOR SUBDIVISION -- Any subdivision containing not more than four (4) lots fronting on an existing street or A10605 § A106-13 SOUTHOLD CODE § AI0~II not requiring the extension of municipal facilities, and r~. adversely affecting the development of the remainder the parcel or adjoining property and not in conflict any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exlsts,~ or these regulation, OFFICIAL MAP -- The map established by the To*~ Board pursuant to Section 270 of the Town Law, shoa'iv4 streets, highways, parks and drainage rights-of-way, bot~ existing and proposed· PLANNING BOARD or BOARD -- The Planning Boa.~ of the Town of Southold, Suffolk County, New York· PRELIMINARY PLAT -- A drawing prepared in manner prescribed by these regulations, showing layout of a proposed subdivision, including, but not restricted to, road and lot layout and approxima~, dimensions, key plan, topography and drainage, proposed facilities unsized, including preliminary plag* and profiles, at suitable scale and in such detail as the~ regulations require. [Amended 5-8-73] PRELIMINARY PLAT APPROVAL -- Approval by th* Planning Board of the layout of the proposed subdivisi0e as set forth in a preliminary plat, but subject to the ap proval of the plat in final form in accordance with provisions of Subdivision 7 of Section 276 of the T0*~ Law. [Added 5-8-73] SKETCH PLAN -- A rough sketch of the preliminary layout (or final plat, in the case of minor subdivisions~ enable the subdivider to save time and expense in reachirg general agreement with the Board as to the form of th* layout and pursuant to the objectives of these regulatio~ STREET -- A way for vehicular and pedestrian traff'z. whether designated as a street, road, avenue, lane or 0the~ way, located between right-of-way lines. STREET, LOCAL SERVICE -- A street running parsIld to and in the immediate vicinity of a major highway for ~ A10606 § A106-13 SUBDIVISION OF LAND § A106-13 purpose of relieving traffic on the major highway at the points of crossing. STREET, MAJOR -- A street or highway of great con- tinuity which serves or is intended to serve as a major traffic artery within the town or county, or both, and which is designated on the Town Plan as a main arterial highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. STREET, MINOR -- A street supplementary to a major street and of limited continuity which serves or is intended to serve the local needs of a neighborhood or a section thereof. STREET OR RIGHT-OF-WAY WIDTH -- The distance between property lines, measured at right angles to the center line of the street. STREET, SECONDARY -- A street or road of con- siderable continuity which serves or is intended to serve as the principal or collector trafficway between large and separated areas or districts and which is the main means of access to the major street or primary road system. SUBDIVIDER or APPLICANT -- Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others. wUBDIVISION [Amended 9-23-80]: · The division of any parcel of land into two (2) or more lots, plots, blocks, sites or other divisions of land, with or without streets or highways, including any ex- tension of any existing street, for the purpose, whether immediate or future, of sale or building development, and inclu,d, ing resub, di,v!sion; provided, however, that the term subdivision shall not include the setoff or creation of a single lot from a parcel of ]and, provided that before any such set0ff or creation shall take place, net shall submit such proposal to the Planning § A106-13 SOUTHOLD CODE § A106-15 sBmuOard for its approval and determination of whethe~ ch setoff or creation constitutes a subdivisior~ Is aking such determination, the Planning Board sh~ give consideration, among other things, to: (1) Whether the lot to be set off is of such charact~ as to be suitable for the intended purpose witho~ danger of flood or other perils. (2) Whether adequate provision is or will be made ~ drainage, water supply, sewer disposal and oth~ necessary utilities and improvements. (3) Whether the lot to be set off is of such size as t~ conform with the present or future developme~ of neighboring lands. (4) Whether the proposed set off will be consiste~ with the present or future street layout of th, neighborhood. (5) Whether the proposed set off will requko t~ extension of municipal facilities or services. (6) Whether the proposed set off will be in harmo~ with the future growth and development of th~ town. {7) Whether adequate means of access and off-stn~ parking ar~ provided. {8) Whether the proposed set off will adversely aif~ the present or future uses of neighboring ]an& If the Planning Board grants approval to set off s Io~ as here/nbefore provided, it may impose such co~ ditions as it deems necessary or appropriate. SUPERBLOCK -- A block of exceptionally large slzs t~ both dimensions, with access to interior lots by culs-d~ branching/n from surrounding streets and provid/ng ~ {1) or more open spaces. SURVEYOR -- A person licensed as a land surveyor b~ the State of New York. A10608 ,:.~ § A106-20 SOUTHOLD CODE § A106-21 ARTICLE II Procedures § A106-20. General requirements. Before making any offer to sell, or before entering into a con- tract for the sale of, any part of a proposed subdivision, and before any permit for the erection of a structure, removal of topsoil or for dredging any channel in such subdivision shall be granted, and before undertaking any land clearance, grading or channel dredging operations,= the subdivider shall apply to the Planning Board for approval of such proposed subdivision in accordance with the requirements and pursuant to the procedures set forth in these regulations. § A106-21. Sketch plan. A. Submission of sketch plan. The applicant shall submit to the Planning Board at least two (2) weeks prior to the regular meeting of the Board twelve (12) copies of the sketch plan of the proposed subdivision, with road profiles and topographic elevations at five-foot contours and the proposed drainage areas. Such plan shall comply with the requirements of Article IV, § A106-40. [Amended 5-8-73] B. Discussion of improvements, requirements and classification. (1) At its meeting with the applicant, the Planning Board should discuss the objectives of these regulations and the requirements for street improvements, drainage, sewerage, water supply, fire protection and other similar aspects. In addition, the review will cover the availability of existing services and other pertinent information. (2) At this meeting, the Planning Board shall classify the proposed subdivision as a minor or major subdivision, as defined in these regulations. However, when it deems it necessary for protection of the public health, (Cont'd on page 10609) A 1060~. 1 ~- a~- so ~ ~d ~i~ M~us, 6 ~k~ ~ 117~, ~ ~ A~v~ ~ ~s, ~ Y~ T~n ~ ~.~ O~ Drive, (s/k/a ~e Side ~ve 'N~), ~old, N.Y.; ~ded no~h ~ W~ D~, west by ~e~ Vi~ R~. ~th by ~ealde ~, ~t by ~s; C~ T~ Map Rem No. 1~-3; (~r ~.B~h P~ ~p No. Su~. ~t No. 6~. ?:~ p.m. A~ J~ ~nov~, 6~ ~e ~ve, ~, ~ f~ a V~ m~he ~ ~n~, ~.~, ~, 1~31 ~r ~flen,to ~elling 6~ ~ ~, ~a~d, NY; ~un~ ~, ~, ~Oth by ~h~, ~ by ~e D~ve; ~un~ T~ ~ IMm No, to th~ ~ 0~. i~ent ~a and ~d~ of 'p~ ~ a p~ sub- · v~nT ~d for ~ission ~te bu~ fl~t ~ ~ba~r A~nue. ~fi~ ~ ~: b~ ~ ~u~ bv ~, ~t b~ Jezek; Coun~ . Apph~n M~ Ra~, 375 Pa~ Ave- nue, ~i~, V~n~ to ~e ~n~8 ~, Afl. ~, end 1~-~ ~r ~ ~alen ~ c~i~n ~ hsu~ ~ ~ ~th~ P~o~ Ave., ~un~ n~ b~ w~ b~ ~rs~, M~, ~t by P~o~ Avenue; C~ T~ Map l,em 1~-I~-~. 8:~ p.m. Appli~on of G~ G. hyles, c/o ~er · dwelling with ah ~i~ ufficient on da ,etb pU u' t to Articl~ m~ ~ .~ 0n 100-31; or the ordin~ ]~cafibn' of .Pmi~"r~.: Corner. of Pequssh /:a/el~a~'b°Undea north by Fleetwood Rq~d, wes! by ~h Avenue. south by Goldsmith, easl by Schroder; Ravutone Realty Corp. Subd. Map No. 5;39, Section !. Lots No. 45 end northerly half of 44; County Tax Map liem No. 1000-110-4.1. Dated: August 21 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARL£S GRIGONIS, SR., CHAIRMAN IT-8/27/81(10~ O~Vl oql ol I~oA *~aN 'u~ploeo u~ Pt6t 't~ ~qtuo~da~ uo NTY OF SUFFOLK ss; t'E OF NEW YORK il~,.tHcia Wood, being duly sworn, that she is the says ir~ of THE LONG ISLAND TRAVELER-WATCHAiAN, blic newspaper printed at Southold, in Suffolk County; that the notice of which the annexed is o printed copy, been published in said Long Island Traveler-Watch- once each week for .................... ..~ ................. weeks essively, commencing on the ...... .~...~. ...................... Sworn to before me this ~' day of NIAVIS TIeD AHVI4t zg, tOHO (l~ a:~ed ~u(~t panupuu CLEMENT J. THOMPSON NOTARY PURLI~ State of Nm No. 52-9321725 ~JJl~ is S.ffolk Legal Notic TM LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY ~IVEN, pursuant to Section 167 of the Town Law and the ?revisions of the Amen , ded ~ode of the Town of Seuthold, ~ Regular Meet ng and the 0]lowing public hear rigs will e held by the Southold Town 10ard of Appeals at the South- Id Town Hall, Main Road, 0uthold, NY on Thursday, dale Road, Hauppauge NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stdlwater Avenue, Cutchogue, NY; bounded north by Mad- zelan, west by Ch tuk, south by St( Iwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning eptember 3, 1981 commenc- Ordinance, Art. III, Sec. 100-31 ~ at 7:15 pm., as follows: for a rev · t:15 p.m. Ap licat on ,~r Pp. al of an insufficient chaelA l oGr~l~d,~ ~ ~, v. rearyaro setback for new · · - ..... me- dwellingat3145OleJuleLane, Matt(tuck. NY: bounded north~ ...... by Allsopp, west by die J~le I~ane, sofith by die Ju]e Lane east by Battersby; Uount~,' Tax Map Item No. 1000-122-5- 18. 7:30 p.m. Application of Demetrios and Jeanne Joan- hides, 60 Central Drive, Matt(- tuck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Cen- tral Drive (a/k/a 3905 Break- ~Voater Road) Matt(tuck, NY; unded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000q06-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of Itarry p. Pagan, Jr~ and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct addition with an msufficient rearyard setback at 400 Betts S~reet, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 48O Oak- wood Drive, (a/k/a 505 Lake Side Drive North), Soathold, NY; hounded north by Wood Drive, west by Clear View DRO~d, south by Lakeside r~ve, east by Haskins; Coun- ty Tax Map Item No. 1000-90- 4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Seuthold, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 1000-59-1r22. 8,~5 p.m. Application of fl ~ s in a oro~sed snh i ns - Lent yard ~oth~c:~ ...danI east b~~ u:20 p.m. Application of Mary Ray, 375 Factory Ave- nue, Matt(tuck, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct ~arport/addition with insuffic- ient sideyard and rearyard setbacks at 375 Factory Ave., Matt(tuck; bounded north by Francis, west by Bergen, south by Mills. east by Fac- tory Avenue; County Tax Map Item No. I000-122-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o Flower Hill Building Corp. as agent, Cutchogue, NY, (Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Art. II1, Sec. 100-30A for permis- sion to construct addition and convert building with guest room to dwelling use. Location . of Property: Smith Road (pri- vate) at Nassau Point, Cut- chogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further kp0wn as Nassau Point Subdi- v~sion Map No. 156, Lot A). 8:50 p.m. Application of Donald J. Finnerty, 1530Fleet- wood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct 9d~l. itioa to accessory building m toe frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue; bounded north by Hausen, 'west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III. Sec. 100-31 for approval of insufficient area a~d width oI two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded ~north by Bergen Avenue, west dy Vol e y south by Lindsay east by Russell; County Tax Map Item No. 1000q13~7~4.1. 9:15 p.m. Application of SOnny Brown, Box 473, Madi- son Avenue, Grecnpert, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. llSD for perm ss(on to USe existing building as an auto- mobile repair shop (and/or ''' being duly Sworn, reestablish preex sting use to ishe~ of the SUFFOLK permit use as an automobile repair shop), at 73225 Main ~ at Greenport. in said Road (S.R. 25), Greenport;- bounded north by Village of he annexed is a printed Grecnport, west by Wardow- ' ski, south by Main Road, east by Rutkoski; County Tax Ma Suffolk Weekb/ Times Item No. 1000-45-3-part of 2. p 9:30 p.m. Application of ................ weeks Anthony G. and Helen M. Nowachek, P.O. Box 355, Pe- ~.7.~ .................. quash Avenue, Cutchogue, NY . for a Variance to the Zoning :' Ordinance: ia) to construct ~ deck/addition to dwe lng w th'/..I.... ~ ',. .............. an insuffic eot frontyard set- back pursuant to Article III · S~ction 100-311 or (b) determ- ining this improvement not to structure under the ordin ..... . .................. ances. Location of Property: Corner of Pequash Avenue ........................ and Fleetwood Road, Cut- chogue bounded north by F eetwood Road, west by Pc- ~.'0~ sqr~,],s~h Avenue, south by Gold-~/!l m, east by Sehroder; Rav- 0,~ ~:~ct~_ · , on I, Lots No. 45 and northerly half of 44; Coun- ty Tax Map Item No. 1000q10- 4-1. Dated: August 21, 19~11. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1 TA27-3755 E APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR~ ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE I~nAD ;-5 SnUTHrlLD, L.I:., N.Y. 11971 TE LEPHO~E '(516) 765-1809 27, 1981 Mr. Henry E. Raynor, Chairman Southold Town planning Board Southold Town Board of Appeals Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of ~on C. Kerbe and Soldee~y Location of Propert~ H/e Floor H~k Road and S/m Stilly&ret Ave. C~t~hogue. 1000-137-2-8, 18, 19 Four-lot proposed lubd~vleXon. (~r) S/s ~gon A~M, Thank you £or your ant/.o~peted oooperetion. Yours very ~ruly, 1981, Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T£RR',' TUT:',ILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N. ¥. $ Joseph H. Sawicki ' NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2866. Application of: Jon C. Kerbs Location of Property in Question: Pequash Avenue, Cutchogue, NY. County Tax Map Item No. 1000- L37-2-8,:18, 19 Project Proposed by Appeal Application: (1) approval of insufficient area and width of proposed parcels; (2) permission to relocate building with insufficient yard setbacks; (3) yard determination. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project proposed does not appear to be located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: August 6, 1981. Copy to: Town Clerk Bulletin Board Applicant or his Agent Original in ZBA file BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Z 0 D -4 2De,.?O. ~- 1( RECEIVED BY SOU'[HOLD TOWN PLAHiilHG BOARD JAN I ,ac,,?. DAT~: -l-ow~ ~ ©~ ~:~T~O~_C~, N. ~/. ,ccuy families who are hoping to receive a Christmas food basket.· About $4,000 worth of food has been - ordered so far, and officials hope to gather sufficient Cash donations to meet this obligation. Public Meetings Thursday, Dec. 10 8 p.m.-Greenpert Village Board, Vll- lageHalL Friday, Dec. 11 7:30 p.m.-Shelter Island Town Board, Hall of Jnstice. Tuesday, Dec. 15 S p.m.-Soufhold School Board, audi- torium. Wednesday, Dec. 16 10 a.m.-New York State Depart- merit of Environmental Conserva- tion public hearing on the propes- ed Energy Development Corpora- tion solid waste facility, Town Hall. Index Business Directory Classified Advertising Community Calendar Editorial Page Focus on Nature In the Garden Jules Bond Legal Notices Let's Look Back Lively Arts Obituaries Real Estate-Business Sports of The Times Tides Village Voices Where to Dine 14A 12A 3A 8 lA 5A 4A 1SA 9 12 10 10A 19 6A-gA 12 THE SUFFOLK TIMES (USPS 524-940) is published every Thursday for $14 per year in Suffolk County and $16 per year out of county by Four Twenty Nine Main Street Corporation, 429 Main Street, Greenport, N.Y. 11944. Seound-class postage paid at Greenport, N.Y. POSTMASTER: Send address changes to THE SUFFOLK T l~'gS, P.O. Box F, Greenport, N .Y. 11944. 'u~ a 12-t .. ~._' raectingroomatwhich30peophispoke-all Mr. I proposed ...... ,~ . ... aeainst the settlemnnt, attemp and the Long Islana ~gnung ,.,ompan:, ~- ~ LILCO's Shoreham nuclear power plant project. In return for concessions by LILCO, the county under the agreement was to drop rnnst of the contentious it planned to raise on Shoreham safety questions at U.S. ', Nuclear Regulatory Commission hearings on granting the Shureham plant an operating license. The hearings are expected to begin in the spring. "LILCO has pulled all the plugs to try to railroad this through," charged Leon Campo of the Peoples Action Coalition, one of dozens of people speaking against the settlement Tuesday. Friday and all day Tuesday, sharp criticism was focused on the settlement's provision for testing of only two of the nuclear plant's safety systems. "A full, independent inspection is vital," attorney Irving Like told the legislators Tuesday. Mr. Like was special counsel to Suffolk until he was ousted in the wake of LILCO pressure. He said other "glaring defects" in the settlement was that "it fails . to require LILCO to correct any defects" found at the plant and "fails to give the county the right" to approve "any evacuation of radiological plan that may be necessary in the event of a major accident ~ Planners Question Variance "S0uTHoLD-Misgivings over a hoase- moving scheme and questions of jurisdic- ' lion over a zoning board approval were discussed at the regular meeting of the Soutbold Planning Board Monday dight. Henry Raynor, the board's chairman, said he had invited Town Attorney Robert Tasker to discuss procedural questions surrounding a referral from the zoning board of the prope~ed subdivision of Jon Kerbs/Lakowitz at pe~.nash Lane, Cut- chogue. Mr. Haynor said the ZBA had. approved subject to planning board ap- proval a variance for the creation of four substandard lots. Mr. Raynor added that there were four existing structures on three of the proposed lots, one of which the applicant was seeking to move to the vacant lot.' "I just don't feel it's a good policy to approve something like this," said Mr.~ Raynor, "though it may bo illegal to disapprove it." Board member William Mullens added that he felt one of the structures should be condemned. Mr. Tasker confirmed the board's: · negative move by the board would proba- bly be successful. He added that the relocation question was the dominion of the town building iuspector and the grant- lng of variances was the sole domain of the zoning board. "There is a continual disagreement on cases like this," said the Town Attorney. "Should the applicant g.o first to the ZBA or the planning board?" He said that the ZBA's opinion was that the planning board should be the first avenue for applicatious, since they are concerned with the overall town picture and may find fault with va~/ances which do not fit into the scheme. In other action, a violation of grading restrictious within 50 feet of the Sound bluff was discussed by the board. The violation at the Baxter Properties four-lot subdivision off Bridge Lane, Cutchogua had been discovered by board member Bennett Orlowski Jr. during a field inspec- tion. The board ruled that constructton be prohibited until the matter was resolved by compliance with the conditions of the . subdivision. Mr. Raynor said that failing suspicions that the condition of structures ! that compliance, "We will have no choice and the granting of variances were outside ' but to revoke the subdivision approval. It's the planning board's jurisdiction. Mr. ~ .about time people learn that we moan Tasker cautioned that any attack on a ! ~nsiness when we place restrictions." respon declare Shnreh providi plant ( "stan¢ commc toreje¢ A sp~ vote th people now, e' no assl concel hearin The ', came i suppm : Antho Petriz: I EndD Mr, power ~ settie~ on th~ i these i !egal; lnspe~ Aft~ ~' witho ~ all ils I the N! Del legisl Of Mi a cot altho byth, the Elec man meg Sho~ best opp, sati.' Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 St'IUTHr'ILD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: November 4, 1981 SUBJECT: Appeal No. 2866 -Jon C. Kerbs and William Lakowitz Gentlemen: As you will recall, correspondence was exchanged during the early part of September concerning this appeal (at which time the Planning Board was asked to review the matter and comment on their proposal as laid out). The Board of Appeals held a public hearing on this matter on September 3, 1981, and the Board: (a) approved the insufficient area and width of proposed Lots 1, 2, 3 and 4, having an area of approximately 18,500, 18,500, 18,500 and 17,710 square feet and width of approximately 78, 78, 78, and 75 feet, respectively; and (b) approved the location of the house on proposed Lot 4 as shown in Sketch No. 1 stamped 8/24/81 in which the house setbacks were indicated as follows: approximately 40 feet from the north- easterly line; approximately 50 feet from the northwesterly line, and approximately 12 feet from the southwesterly property line. The following two conditions were made part of the Board's favorable decision: (1) that applicants obtain approval from the Southold Town Planning Board; and (2) that Sketch No. 1 received by this Board on 8/24/81 shall be used in determining the yard areas. Once your Board has made a final determination on the proposed subdivision, we request a copy to keep our records up-to-date. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk Enclosure (Sketch No. 1) $ u h Id Town Board of Appeals MAIN ~{:3AD- ~TATE 1~{3AD 25 SI:3UTH~LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI November 13,1981 Mr. Jon C. Kerbs 510 Main Street Greenport, NY 11944 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN lk Enclosure SecretarY Board ol App al. Memorandum to Board Members: .September.15, 1981 The Suffolk County Health Depart/nent will be following this policy as of this year on matters to be considered by them: If lots are substandard (less than 40,000 sq. ft.), and are separate parcels on County Tax Mhps and~aving separate deeds, the County Health Department will approve. However, if the quality of water is poor due to nitrates, etc., when applicant does apply for their approvals the County Health Department will be requiring.aPPlicant ~0 covenant their deed concerning ~b~ nitra~ problem in order that alt future owners are aware of the problem. If lot~ are substandard (less than 40,000 sq. ft.), and are not separate parcels on County Tax ~aps and do not h~ve separate deeds, the County Health Department will automatically reject same. TExample - Ernest Wilsberq ZBA file 1981] Town approval would not have any effect on their rejection. 3. If the ZBA is leaning unfavorably towards an appeal application, ZBA may request special consideration on a particular parcel. 'if the ZBA is ieaning favorably towards an 'appeal hpplication, Health Oepartment policy indicated in paragraph #l above can automatically be applied~in considering approval. Above information obtained from Royal Reynolds, Public Health Engineer, County Health Dept. 9/15/81, 727-4700. (Reference Zoldessy & Kerbs) Board of ~ppeals Town of $cuthold IIISTRtlCT IOHS: ~ '-~T--/~ order to onssver the questions Ln this short EAF i¢ Ls assumed that the preparer w~}~ use. currently ovo~ab}e Lnfor~:~otLon concerning the project and the likely impacts of the action. It is not expected that additional siudier,, research or other investiDolions will be undertaken. (b) If any question has been answered Yes the project moM be ::i0nificonl and o compleLed ~{nvironmeniol Assessmenf Form is necessary. (c) If all questions hove been answered Ho if is likely fhof ibis project is not significant. (d) Environmental ' · .... * i. Wi~ project zesuit in o large physical change 3. 4. 5. 6. 7. 8. 10. ll. 12. 13. 14. to the projecL site or physically alter more th-n 10 acres of land? ..................... ~'lill there bo a mn jar chon[ia to any unique o; -unusu.nl land fo~m found on the site? .... ~'/ill project oiler or hove a large effect on exisiim9 body of water? ................. Will project have c~ potentially ].argo impact on grounc]wc~tcr quality? ............... %?ill project significantly cf'feet dro e flow on adjacent sites? ................. ~7ill project of feet any threaleaed or endangered plant or animal species? ..... Yes, ~No Yes V~N° Yes /No Yes..V~N°. Yes ~V~No %'/ilt pro ecl result in o 'mo or aoversc eFfeCt '' on air qualily? .......... '. ................ .___Yes ~o ~,'/ill prnjcct hove a major effect on visual choractcr Of the communily or scenic views or visLa5 known in:be imporlont to the community?_ Yes Uill project adversely iai)oct any silo or .. slruciure of hisloric~ prehistoric or po.leonlo].ogicol importance or cmy si~e dcsigncltcd as o critical environmental orca %'/ill project have a major effect on cxistih9 or future rccreotionn] opportunities? ......... Yes %'/ili project result in .major traffic problems or. cause o major cf{'cci ~o exisling - ~ t l'OtlSpOl' iai ion S)' S'[ eln5 ? ....................... , Yes, h'ill projec( reguiarly cause objec(ionoble odors, noise, 91are, vibra(ion, or electrical dis(urboncc os a resul( o~ (he projeci's operation? ......... ' ............................ Yes Wil1 projec( },ave any impact on pub].ic health ~ ~y? %'lill p~ojec% (~ffec¢ (he exis(ing community by ~ directly causing o growth in permanent population of more than 5 percept over o one year period or hove o major negative effect on tile character at the community or neighborhood? ................................. 15. Is there public controversy concerning tha PRcPAf, ER ' S , REPRESENTIh'G DATE To: Southold Town Board of Appeals :.lain Road J Southo !d, NY 11971 . / [ Location o,f P[o~erty: k)15 ~J~ '~3~%~%,~_~ Dear Sirs: eto~ ~ In reference to the New York State Tidal Wetlands Land-Use Regulations, ~ NYCRR, Part 661, and A~ticle' ~5 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours~ I JUDITH T. TERRY · TO~VN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 August 6, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2866, application of Jon C. Kerbs for a variance. Also included is: Notice to Adjacent Property owners: Julius Jezek and Henry L. Fleet, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Surveys of the Property. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DAT~ ...(Z...~.../[I .... TO T'HE ZO~NG BOA~ OF A~PE~LS, TOWN OF SOUTHOLD, N. ~. , ~ ~ Name of Appellant Street and Number k Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD. J~qG INSPECTOR ON APPUCAT~ON PaR PERMIT NO .......... '~ DATED ~ ~.. ~ ~/.. ......... ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ..~.~.~_ ......... ~L~.~...~.. .......... Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE 1. LOCATION OF THE PROPERTY~..~'r-~k.~SL,..~..~. .......................... /~. ...... ..~.~ ......... ~ Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section an~,~ara~jra~ph o(the Zoning Ordinance b~ number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has)(hies not)~/een of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance mode with respect to this decision and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) is requ~jsted for the reason that {.,,~ ~ ~V,.-- ~ ~o~ s~ , , ~ (C~inue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sory HARDSHIP becouse ~ 0~-~O~ ~/z'x~_~g~', pO,~ ?, ~ 2. The hardship created is UNIQUE and is not shared by ail alike in the immediate  perties vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD~NO~' CHANGE THE~(~ CHARACTER OF:THE DISTRICT because ~__.~,.c_.~,,~ ~ ~ ~ ~ ~ O ~ STAT~ O~ NEW,YORK )~~ ~o~k~k_ ~ ,~ ~~~ n COUNTY Sworn to this .................. ~ ........................ day of .................................~ 1~ JUDITH T TERRY NOI'A,~Y PL BLIC. State of New York N0. ~59~0'..',,'1.~963 Suffotk Countv Con m ss ,, : 9' e~ ~.L~rch 3~'.~'~/~-'~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Souti~old TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request ~(Var~(Special Exception) (Special Permit) (the following relief: 2. That the properllv which is the su_b~egt%of the Petq~6-6?i~ocated adjacent to yot~property and3slde~- ! ~,. cribed as f~: ~ [~ . ~ ~ ~ ~ 3. That the prope~,which i~c,sub~ec~f%~,~:su~h %~etit~°n% is located in the following zoning district: 4-That by suc~ ~tition, the undersi~ will request the following relief~'x~{ ~~ f That the provisions~the S-buthold Town Zoning Code ap~icabie to the ~ief sought by the under- signed are ~cle ~ ~ % ~ ~ ~ { 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's ~ice at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 76~1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petition~v ' Post Office Aft~rness ~ NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIES MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) ~. . ~ ~.,' · bein~ du~y sworn, dep~ and ~ys that on the ' ~day of ~ ~ ~ ~ ,19 ~ ~ . deponent maded a t~ue copy'~f the Notice set forth on the re- vere side here~, directed to each of the above-na~d ~ons at the addr~s~ set opposite thor respective name; that the addres~s set opp~ite the nam~ of ~id pe~ons are the add~s of said persons as shown on the current~n~r~ of th~ ~wn of Southold; that ~id Notic~ were mailed at the United States Post rice at ~ ~ ~0k~ '~ ~, ~ - ; that ~id Notic~ were mailed to each of ~id persons by (certified) (registered) mail. Sworn to ~fore me this Notary Publi~ JUDITH T T~RRY NOTARY PU~LIU, a~ate of New York ~o 52 0344963 Suffolk County~ / / 2.4A (c) / / ,/ 8 2.4A (¢) 2O / /